Jeffrey R. Capwell is a Partner in the Charlotte office of McGuireWoods LLP where he leads the firm’s employee benefits and executive compensation group. Mr. Capwell helps clients design equity-based and cash incentive plans, nonqualified deferred compensation arrangements, supplemental retirement plans (SERPs) and executive fringe benefit programs. He represents boards of directors and executives in negotiating and drafting employment, severance, change of control and consulting agreements. He advises compensation committees and management on executive compensation philosophy and governance, and on related tax, securities and corporate law requirements, such as SEC disclosure rules. He helps colleges, universities and other tax-exempt organizations implement compensation and benefit programs for their executives.
A substantial portion of Jeff’s practice is focused on employee benefit plan design and administration. Jeff provides advice concerning 401(k) plans, ESOPs, defined benefit pension plans, 403(b) and 457 plans, as well as health plans and other welfare benefit programs. He helps employers obtain rulings and exemptions from the IRS, the U.S. Department of Labor, and other government agencies, and helps employers reach favorable outcomes in audits and examinations by such agencies.
He counsels plan trustees, investment committees and other fiduciaries on ERISA requirements and plan investment issues, and helps negotiate investment advisory, consulting and other plan service provider agreements. He provides advice on employee benefits aspects of mergers and acquisitions, and helps clients integrate plans following business transactions. He also counsels clients on a variety of specialized employee benefits matters, such as multiemployer pension plans, plan funding arrangements, early retirement programs and employee benefits aspects of downsizings and plan shutdowns.
Mr. Capwell earned his A.B., cum laude, from Dartmouth College and his J.D., magna cum laude, from the Syracuse University College of Law.
Mr. Capwell is a co-author of BBNA Corporate Practice Portfolio Series No. 73-3rd, Compensation Committees.
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